Offences Relating to Prositution Flashcards
The Sexual Offences Act 2003 defines prostitution and provides that a prostitute is a person (A) who:
s 51(2) of the Sexual Offences Act 2003
on at least one occasion and
whether or not compelled to do so,
offers or provides sexual services to another person
in return for payment or a promise of payment to [him/her] or a third person’.
Causing or inciting prostitution for gain
s52 Sexual Offences Act 2003
(1) A person commits an offence if—
(a) He intentionally causes or incites another person to become a prostitute in any part of the world, and
(b) He does so for or in the expectation of gain for himself or a third person.
Penalty:
- Summarily– 6 months and/or fine.
- Indictment– 7 years
Controlling Prostitution for Gain
s53 Sexual Offences Act 2003
(1) A person commits an offence if—
(a) He/she intentionally controls any of the activities of another person relating to that person’s prostitution in any part of the world, and
(b) He/she does so for or in the expectation of gain for himself/herself or a third person.
Penalty:
- Summarily– 6 months and/or fine.
- Indictment– 7 years
Causing or Inciting Sexual Exploitation of a Child
s48 Sexual Offences Act 2003
(1) A person (A) commits an offence if—
(a) He intentionally causes or incites another person (B) to be sexually exploited in any part of the world, and
(b) Either—
(i) B is under 18, and A does not reasonably believe that B is 18 or over, or
(ii) B is under 13.
Penalty:
- Summarily– 6 months and/or fine.
- Indictment– 14 years
Paying for sexual services of a prostitute subjected to force etc.
s53A Sexual Offences Act 2003
(1) A person (A) commits an offence if—
(a) A makes or promises payment for the sexual services of a prostitute (B),
(b) a third person (C) has engaged in exploitative conduct of a kind likely to induce or encourage B to provide the sexual services for which A has made or promised payment, and
(c) C engaged in that conduct for or in the expectation of gain for C or another person (apart from A or B).
Penalty:
- Summarily– Fine.
What are some notable features of the offence of paying for sexual services of a prostitute subjected to force etc?
s53A Sexual Offences Act 2003
Has to involve exploitative conduct to induce or encourage provision of sexual services anywhere in the world. Conduct can be force, threats, coercion and deception.
Irrelevant if services are actually provided, or whether client is aware of exploitative context
Keeping a Brothel Used for Prostitution
s33A Sexual Offences Act 1956
It is an offence for a person to keep a brothel, or to manage, or act or assist in the management of, a brothel to which people resort to practices involving prostitution (whether or not also for other practices).
Penalty:
- Summarily– 6 months and/or fine.
- Indictment– 7 years
Keeping a Disorderly House
Common Law
It is an offence at common law to keep a disorderly house.
An all-inclusive term that may be used to describe such places as a house of prostitution, an illegal gambling casino, or a site where drugs are constantly bought and sold. It is any place where unlawful practices are habitually carried on by the public (not single occurrences).
Penalty:
- Indictment– Unlimited
Soliciting by Persons
s1 Street Offences Act 1959
Person aged 18 or over to persistently (two or more occasions in any period of three months) loiter or solicit in a street or public place for the purpose of prostitution. This includes doorways and entrances to a street.
Penalty:
- Summarily– Fine.
Soliciting by ‘Kerb-crawling’
s51A Sexual Offences Act 2003
1) It is an offence for a person in a street or public place to solicit another (B) for the purpose of obtaining B’s sexual services as a prostitute.
(2) The reference to a person in a street or public place includes a person in a vehicle in a street or public place.
Penalty:
- Summarily– Fine.
Causing, Inciting or Controlling Prostitution Examples
s52: Tony is a pimp. He approaches Sandra, who is down on her luck. Tony says to Sandra that if she works for him as a prostitute then he will look after her financially. Sandra accepts.
s53: Tony drives Sandra to an industrial estate and drops her off. At the end of the night Tony picks her up and takes 50% of her earnings.
Paying for Sexual Services of a Prostitute Subjected to Force Example
s53A Sexual Offences Act 2003
Cameron pays to have sex with Wang Wei. He finds her card in a telephone booth in London. Cameron meets Wang Wai and he pays a man who is with her, before having sex. What Cameron doesn’t know is this man beats Wang Wai and takes all her money.
This offence is targeting those who pay for sex with those who are being exploited (forced, coerced, threatened or deceived), the offender doesn’t need to know this is happening.
Question: Terry knows Crystal is a prostitute. He pays her to have sex however before they have sex Crystal tells him that Gary (pimp) forces her to work, as if she doesn’t, he will tell her child’s school that she is a prostitute. He has sex with Crystal.
Has an offence under s53A, paying for sexual services of a prostitute subjected to force, been committed?
- Crystal is a prostitute working for Gary.
- Gary threatens Crystal (exploitation).
The offence is made out.
Question: Mary is a prostitute. She sits in her flat window that overlooks the street wearing stockings and suspenders and whistles at men walking by. She does this every night.
Has she committed the offence of Soliciting by Persons, s1 Street Offences Act 1959?
- Mary, although sat in her window, is facing out to the street.
- She has acted in this manner on ‘mroe than two occasions’.
- Is clearly touting for business.
The offence is made out.
